Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report and the attached legislation. It notes that the main provisions of the Convention are applied. The Committee wishes, however, to receive additional information concerning the following points.

2. Article 5, paragraphs (a) and (b), of the Convention. Design of material elements. The Committee requests the Government to communicate additional information, in particular with regard to the design of the material elements of work and the relationships between them and the persons who carry out or supervise the work.

3. Articles 5, paragraph (c) and 19, paragraph (d). Training of workers. The Committee requests the Government to indicate the provisions relating to the training of workers, in the fields of occupational safety and health, in particular concerning workers in industrial and commercial establishments, offices and the service sector.

4. Article 11. Determination of work processes, substances and agents which are to be prohibited, limited or made subject to authorization by the competent authority. The Committee requests the Government to provide information concerning the determination of work processes which are to be prohibited, limited or made subject to authorization by the competent authority, as well as the determination of substances and agents which are to be prohibited, limited or made subject to authorization by the competent authority.

5. Article 12. Standards to be respected by those who design equipment or substances for occupational use. The Committee notes the information that no specific provision exists regarding standards which must be respected by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. It requests the Government to inform it of any measures taken or envisaged which allow the full application of this Article of the Convention.

6. Article 17. Collaboration between several employers present in the same workplace. The Committee notes that the obligation concerning collaboration between employers when they are present in the same workplace is only regulated in the context of civil construction. It requests the Government to indicate the measures taken or envisaged in order that this obligation be met in the other fields of activity.

7. Article 18. Measures to deal with emergencies. The Committee requests the Government to provide information concerning measures to deal with emergencies, in particular in industrial establishments.

8. Article 19, paragraph (f). Information from the immediate supervisor. The Committee notes that section 5(d) of the regulations on health and safety in civil construction states that workers are obliged without delay to inform the contractor or his representative of any fault or deficiency which could cause an accident involving people or property. It requests the Government to indicate how it ensures that workers report any situation representing a danger in industrial, commercial and service establishments and offices.

9. Part V of the report form. Application in practice. The Committee notes the information provided in the progress report prepared by the Department of Occupational Safety and Health and the Department of Labour Inspection for the year 2003. In this regard, the Committee requests the Government to continue to provide statistics and inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if possible, the number and nature of contraventions reported, as well as any information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.